3. Announcement of prohibition of sound producing devices during the meeting.

Chairman Vaughns announced that the ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at the meeting. She advised that any person responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices might be removed from the meeting. She also advised that cell phones that are set on “vibrate” cause microphone interference and requested that they be placed in the “off” position.

4. Approval of Minutes

Director Kasolas requested that the minutes of the November 1, 2005 meeting be amended to include comments and requests that he had made regarding goals for workman’s compensation cost reductions and containment, meeting with Secure Data Solutions, fare gate replacement project and if the Board had adopted a policy regarding fares.

Chairman Vaughns stated that commentary was not included in board minutes. The minutes would be amended to include Director Kasolas’s action items.

Director Black arrived.

On motion to approve the minutes of the November 1, 2005 Regular Meeting as amended: unanimously approved (McCray-absent).

Chairman Vaughns requested that the minutes of the January 3, 2006 meeting be amended to clarify that the motion to approve the Mission-Bartlett garage contract failed.

On motion to approve the minutes of the January 3, 2006 Regular Meeting as amended: unanimously approved (McCray-absent).

5. Communications

None.

6. Introduction of New or Unfinished Business by Board Members

Chairman Vaughns stated that last year the Board considered changing the start time of the meeting. At that time, she had stated that the matter would be revisited at the end of the year. She requested direction from board members regarding how to proceed..

Director Kasolas moved that the Board continue to meet at 2:00 p.m.

Board Secretary Boomer advised that the Sunshine Ordinance did not allow action on any matter that wasn’t on the agenda.

On motion to continue to meet at 2:00 p.m.:

ADOPTED: AYES – Black, Din, Kasolas, Mezey and Vaughns

ABESENT - McCray

Chairman Vaughns requested that the Board receive a courtesy copy of press releases. Executive Director Ford stated that the Board would receive press releases in a timely fashion.

Chairman Vaughns called attention to an article in the recent newsletter regarding an event at which MTA employees were recognized for ballpark service. Chairman Vaughns expressed hope that the Board would be invited to and included in recognition events involving the MTA in the future.

(6.1) Election of MTA Board Chairman and Vice Chairman pursuant to MTA Rules of Order

Chairman Vaughns stated that she had been requested to suspend the Rules of Order to allow for the election of officers to be tabled to the next meeting.

On motion to suspend the Rules of Order and table the election of officers to the February 7, 2006 meeting:

Executive Director Ford stated that the Chinese New Year’s Parade will occur on February 11. Twenty-two Muni bus lines will be rerouted. Garages will provide shuttle service and valet parking services and parking control officers will be on hand to direct traffic.

E.D. Ford stated that the Transit Effectiveness Project (T.E.P.) that is being undertaken in conjunction with the Controller’s office would take 18 months to complete. The T.E.P. will look at ways to make Muni service more attractive to the public and that would be cost effective. The project will include a review of Muni’s route structure and operational efficiency. A study of this magnitude has not been done in more than 25 years and is expected to result in a significant number of recommendations. Transportation Management Design has been selected to conduct the T.E.P. A project team consisting of a member of the MTA Board of Directors, Mr. Ford and Controller Ed Harrington will provide oversight. In addition a Policy Advisory Group, a Citizen’s Advisory Committee and a Technical Advisory Committee will be established. Staff will present a draft scope of work to the Board at the February 7 meeting for the Board’s review and comment.

Chairman Vaughns requested that Director Din continue to serve as the board’s liaison on the T.E.P. project. Director Din agreed to serve as liaison.

E.D. Ford stated that in light of the recent fatalities, he had requested that APTA conduct a peer review of the MTA’s safety program and compare it with industry best practices for safety. Staff will report their findings to the Board when the peer review is complete.

PUBLIC COMMENT:

Barry Taranto expressed appreciation for the citation report. DPT needs to work hand in hand with Muni to keep transit corridors clear during rush hours. Mr. Taranto thanked staff for increasing white-zone enforcement and commended the Nikko and St. Regis hotels for adding additional space for taxicabs. Staff needs to deal with double-parking and with people who park in taxicab stands.

Irwin Lum, President, Local 250A, stated that it is a priority for their members to provide safe and reliable transit service. Operators are willing to work with Mr. Ford. Mr. Lum suggested that staff look at the recent service reductions and at the Trapeze scheduling system to see how they relate to increased accidents.

Roger Bazeley stated that the public appreciates the collision report. Capital improvements offer a twenty-four hour per day reminder to slow down. He expressed growing concern with older drivers and stated that a partnership with senior advocacy groups is important.

8. Citizen’s Advisory Council Report

Daniel Murphy, Chairman, CAC, stated that the CAC did not have any new policy recommendations. In January, the CAC will focus on the budget and will present their recommendations to the Board in early February. He expressed appreciation to Mr. Sunshine for his responsiveness to the CAC and welcomed Mr. Ford to the MTA.

9. Public Comment

Bob Planthold discussed safety concerns regarding the subway shutdown and communications associated with the shutdown. He expressed concern that people in wheelchairs will be at risk for injuries, falls or robberies late at night. LRV’s have space for four wheelchairs while the substitute buses only have space for two wheelchairs. The notices put out by Accessible Services could give rise to claims of discrimination because the MTA is not giving fair access to everyone in a protected class.

Barry Taranto welcomed Mr. Ford to the City and noted that San Francisco has more participants involved in the public process. He stated that the more open Mr. Ford is with the public, the more cooperation he’ll get. He would like Caltrans to open both lanes from the Octavia Blvd to Highway 101 due to the horrendous backlog of traffic. He asked DPT to look at signal timing at 3rd and Guererro and at Kearny and 3rd Street and stated that DPT must get more involved to make sure DPW closes streets in right way.

David Pilpel stated that the September service reductions resulted in about 6% of the service being reduced. The platform budget was reduced by 3%. He stated that there are problems with the Trapeze scheduling software and that the system is more complicated for division dispatchers. He doesn’t understand why the biennial quality review contract was being delayed for so long and expressed hope that the contract can be speeded up.

Jim Gillespie, President, SF Taxi Association, expressed disappointment and concern that “Notice to Proceed” had been given for the Paratransit Debit Card program. The taxi industry was supportive of the program when it was originally proposed. The program was changed and the industry does not now support it. They plan to file an injunction against this contract proceeding and they have already filed a federal complaint. He requested that the item be agendized for discussion.

Martin Smith stated that he had been negotiating for the past week and a half with the paratransit debit card vendor. There was no Memorandum of Understanding with the taxi companies and taxi companies were never involved in putting together this debit card system. He would like to have this matter agendized for discussion at the next meeting and to have the contract rebid.

Roger Bazeley stated that he would like to see the entire taxicab fleet equipped with devices that will give a receipt. The taxicab industry needs better driver training and better enforcement. Issues he raised previously regarding cable car safety, pavement markings and safety vests have not been addressed. Some operators drive over the speed limit when returning empty buses to the yards.

Ernestine Weiss welcomed Mr. Ford and stated that he has a big job in front of him. She requested that Mr. Ford visit the Clay and Grant intersection to see the congestion. The city needs to form business improvement districts as the means to get money for parks and Muni.

Dan Hinds, President, National Veterans Cab, stated that “Notice to Proceed” on the paratransit debit card was issued last week. The company that GPS was sold to reneged on GPS’s deal with cab companies. The taxicab industry does not seek confrontation and is supportive of the project but not as the project is currently configured. He requested that the “Notice to Proceed” be rescinded.

Herbert Weiner welcomed Mr. Ford to the Agency. He stated that the efforts of the MTA were fiscal suicide and grand theft and called the former general manager an “axe murderer”. Muni’s motto has been “ Cheer up, things will get worse”.

Feysan Lodde welcomed Mr. Ford to San Francisco. She stated that MV Transportation would always be there to help. Ms. Lodde thanked Mr. Sunshine for doing a wonderful job and invited Mr. Ford and the Board to MV’s offices.

Francisco Da Costa, Director, Environmental Justice Advocacy, stated that he had previously requested that attention be paid to Muni drivers and the stress they endure while on the clock. He asked why the PUC was placing a combustion turbine next to Metro East and asked that the matter be investigated. Mr. Da Costa expressed support for drivers and for the common man.

THE FOLLOWING MATTERS BEFORE THE MUNICIPAL TRANSPORTATION AGENCY BOARD ARE RECOMMENDED FOR ACTION AS STATED BY THE DIRECTOR OF TRANSPORTATION, AND CITY ATTORNEY WHERE APPLICABLE. EXPLANATORY DOCUMENTS FOR ALL CONSENT AND REGULAR CALENDAR ITEMS ARE AVAILABLE FOR REVIEW AT 1 SOUTH VAN NESS AVE. 7th FLOOR.

CONSENT CALENDAR

10. All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Municipal Transportation Agency Board, and will be acted upon by a single vote of the Board. There will be no separate discussion of these items unless a member of the Board or the public so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item.

(10.1) Requesting the Controller to allot funds and to draw warrants against such funds available or will be available in payment of the following claims against the MTA:

L. ESTABLISH - TOW-AWAY, NO STOPPING ANYTIME AND ESTABLISH – SIDEWALK BULB - 1122 Folsom St., north side, from Langton St. to 48 feet westerly and 1168 Folsom St., north side, from the west property line to the east property line.

P. ESTABLISH - TOW-AWAY, NO STOPPING ANYTIME - San Jose Avenue, east side, from 10 feet north of the north crosswalk at Farallones Street to 190 feet southerly; San Jose Avenue, west side, from Farallones Street to 173 feet northerly; San Jose Avenue, east side from Lakeview Avenue to 150 feet southerly; San Jose Avenue, west side, from Lakeview Avenue to 150 feet northerly; San Jose Avenue, east side, from 50 feet north of the northern crosswalk at Mount Vernon Avenue to 260 feet southerly; San Jose Avenue, west side, from Mount Vernon Avenue to 178 feet northerly; and, Lake Merced Boulevard, northbound, right turn lane onto Font Boulevard to the limit of the existing angle parking on the south side of Font Boulevard.

Items M and O were removed from the consent calendar at the request of a member of the public.

PUBLIC COMMENT:

Barry Taranto, commenting on Items M and O, wondered why the changes were occurring. He stated that the left turn lane should be partially retained during rush hour.

Jack Fleck, acting City Engineer, stated that the proposed action didn’t revoke the existing tow away zone. When there was a freeway entrance at Gough Street there used to be a heavy demand for a left-turn lane for cars turning from Franklin onto Turk. Currently there is not a heavy demand for the left-turn lane.

RESOLUTION 06-005

On motion to approve Items M and O:

ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns

(10.3) Authorizing the Director of Transportation to accept and expend $117,000 of Regional Measure 2 operating funds for Owl Bus Service on the Bay Area Rapid Transit corridor for Fiscal Year 2006. (Explanatory documents include a staff report, resolution and financial plan.)

Item 10.3 was removed from the consent calendar at the request of a member of the public.

PUBLIC COMMENT:

David Pilpel expressed concern that AC Transit will be operating on Market St. during owl period.

Peter Straus stated that AC Transit had been operating owl service on Market Street since mid-December 2005 as part of a regional owl program. No additional new service will be running in San Francisco.

RESOLUTION 06-006

On motion to approve Item 10.3:

ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns

On motion to approve the Consent Calendar (Item 10.2 M and O and Item 10.3 severed):

ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns

REGULAR CALENDAR

11. Authorizing the award of Department of Public Works Contract No. 0872J: Contract 31 Traffic Signal Modification, to Phoenix Electric Company to install signal equipment at 20 intersections for a total contract amount of $1,175,851.50. (Explanatory documents include a staff report, resolution and financial plan.)

PUBLIC COMMENT:

Roger Bazeley stated that there is an inconsistency between coordination between DPT and DPW with respect to sidewalk repaving following construction. He suggested that staff conduct a study to see if traffic speeds have increased in areas where mast arms have been put in. He expressed hope that pedestrian safety improvements are upgraded when these changes are made.

Ernestine Weiss stated that people couldn’t see the street signs on Van Ness because it is dark. The State needs to install white sodium day light lighting on Van Ness to fix the problem. The bumpy road condition on Van Ness needs to be fixed and a signal needs to be installed where the 49, 47 and the 1 California lines meet and at Eddy St. where the 31 Balboa crosses Van Ness.

Chairman Vaughns requested that staff provide a comparative analysis between the current fiscal year budget and the FY07 budget.

Director Kasolas requested the comparison with Los Angeles and their Proof of Payment system that had been previously requested by the Board. He also requested information regarding maintenance projects that had been deferred in past years including lost revenue that occurred as a result of the deferrals.

Director McCray requested that staff discuss how the FY07 budget relates to recent service cuts.

PUBLIC COMMENT:

Bob Planthold, Coalition for Transit Justice, presented a letter requesting that the Board not adopt a budget that allows for any fare increases or service cuts. He urged the Board to revisit the Citation Report and stated that there was no basis to assume that there wouldn’t be a continuing decline in revenue. Mr. Planthold also stated that the Board had a revenue package last spring that included higher parking fares and fees that, under pressure from the Board of Supervisors, was reduced. That package could be resurrected.

David Pilpel wondered if $20 million in revenue from expanding the Proof of Payment program was realistic given the likely delays that will occur. He stated that if there is unrealized revenue on the Muni side then there must be unrealized revenue on the DPT side. DPT should look at enforcement more globally for ways to pull in more revenue. He expressed hope that staff would prepare a list of assumptions embedded in the budget.

Prior to moving into closed session Board Secretary Boomer stated that the Morganite case that was listed on the agenda for $515,000 should have been listed at $205,000.

RECESS REGULAR MEETING AND CONVENE CLOSED SESSION

CLOSED SESSION

1. Call to Order

Chairman Vaughns called the closed session to order at 5:51 p.m.

2. Roll Call

Present:

Shirley Breyer Black

Wil Din

Michael Kasolas

James McCray, Jr.

Peter Mezey

Cleopatra Vaughns

Also present:

Nathaniel Ford, Director of Transportation

Stuart Sunshine, Deputy Executive Director

Roberta Boomer, Board Secretary

Julia Friedlander, Deputy City Attorney

Fred Stephens, General Manager, Muni

Wilson Johnson, Deputy General Manager

Michael Hursh, Deputy General Manager

3. Discussion and vote pursuant to Administrative Code Section 67.11(a) as to whether to conduct a closed session and invoke the attorney‑client privilege.

On motion to invoke the attorney-client privilege: unanimously approved.

4. Pursuant to Government Code Section 54956.9 and the Administrative Code Section 67.8 (a) (3), the Municipal Transportation Agency Board will meet in Closed Session to discuss and take action on attorney‑client matters in the following case:

Chairman Vaughns announced that the Board met in closed session to discuss the Dominguez and Morganite cases with the City Attorney. The Board voted unanimously to settle Morganite case in the amount of $205,000 and took no action in the Dominguez case. The Board also met in closed session for a conference with legal counsel to discuss anticipated litigation with the city as defendant. The Board took no action on that matter.

14. Motion to disclose or not disclose the information discussed in closed session.

On motion to not disclose the information discussed: unanimously approved.

ADJOURN - The meeting was adjourned at 6:34 p.m.

A tape of the meeting is on file in the office of the Secretary to the Municipal Transportation Agency Board of Directors.

Roberta Boomer

Board Secretary

The Ethics Commission of the City and County of San Francisco has asked us to remind individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [S.F. Campaign and Governmental Conduct Code section 2.100 et seq.] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 415-581-2300; fax: 415-581-2317; 30 Van Ness Ave., Suite 3900, SF, CA 94102-6027 or the web site: sfgov.org/ethics.